Legal Rights of Children with Epilepsy in School & Child Care

Selected State Laws on School Medication Administration including
Emergency
Antiepileptic Drugs (revised 2008)
State
What duty does a
school nurse have
regarding medication
in
school?
o
Can unlicensed
assistive personnel
(UAP)* administer
medication in school?
Extent of
Nurse’s
Authority to
Delegate
Administration
of Medication
Virginia
Chapter 18 of the VA
Code 90-20-460 provides
that administration of
medications shall not be
delegated unless permitted
by Part 54.1-3400 of the
Code of Virginia.
However, the Dept of
Education has established
procedures indicating that
UAPs may administer
diazepam (see next
column).
** Yes. VA Dept. of Education,
School Health Services,
Specialized Health Care Services,
Neurological Guidance, states
that “Any school personnel who
has regular contact with a student
who requires rectal diazepam
should receive general training
covering the student’s specific
needs, potential problems and
implementation of the established
emergency plan.” Guidelines on
who may administer shall be
included in the student’s
individualized health plan.
This report is available at:
http://www.pen.k12.va.us/
VDOE/Instruction/Health/
SHCP6neurological.pdf
Specified nursing tasks may not be
delegated. See 18VAC90-20-460.
* In the school context, UAPs typically include health aides, teachers, and teachers’ aides.
** Signifies a law or policy explicitly or implicitly permitting administration of emergency antiepileptic medication by
UAPs. These laws and policies are noted in bold text, along with laws and polices that expressly reference
diazepam rectal gel or other rectally-administered medication (including those that restrict administration by
UAPs).
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